Are there any special considerations for international arbitration?
Yes, there are special considerations for international arbitration in North Carolina. International arbitration, as opposed to domestic arbitration, typically involves two or more non-U.S. entities, and the laws of the country in which the arbitration is taking place may be different from the law of North Carolina. For example, North Carolina follows the Federal Arbitration Act, which allows parties to choose to arbitrate disputes rather than take their cases to court. In contrast, other countries may have different laws that require specific types of agreements for international arbitrations, or may not recognize arbitration at all. Additionally, North Carolina is a signatory to the New York Convention, which recognizes the enforcement of foreign arbitral awards, but other countries may not be signatories. In addition, international arbitration may involve parties from different backgrounds, languages, and cultures. North Carolina arbitrators therefore need to be aware of any cultural or language differences that may impact how the arbitration process is conducted. They should also be aware of any applicable international laws that may have an effect on the outcomes of the arbitration. Finally, North Carolina’s Uniform Arbitration Act may not apply to disputes involving multiple countries. As such, parties in an international arbitration will need to ensure that their arbitration agreements include language specifically addressing any particular issues that may arise in a multi-country arbitration.
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